UTIAC The phrase ‘liable to deportation’ in s 3(5) of the Immigration Act 1971 includes, in the case of a person within s 3(5)(a), the notion of the Secretary of State’s deeming deportation to be conducive to the public good. The provision of s 32(4) of the UK Borders Act 2007, that a person subject to automatic deportation is a person whose deportation is conducive to the public good, is not identical. Such a person is ‘liable to deportation’ within the meaning of s3(5), so becoming a person whose leave may be revoked under s 76(1) of the Nationality, Immigration and Asylum Act 2002, only if the Secretary of State has deemed his deportation to be conducive to the public good.
Judges:
Ockleton VP J, Mcarthy SIJ
Citations:
[2011] UKUT 250 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 15 September 2022; Ref: scu.441702
